Patna High CourtCR. MISC./17912/2023allowed

Dilkhush Kumar v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17912 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- MORKAHI District- Khagaria ====================================================== Dilkhush Kumar Son Of Maheshwar Sada Resident Of Village - Khutha, P.S. - Morkahi, Dist. - Khagaria ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 34 of the Indian Penal Code As per prosecution case, informant alleged that petitioner along with co-accused persons abducted her sister due to ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The statement of victim recorded under section 164 of Cr.P.C. which is annexed as Annexure-2, wherein, she stated that she went with this

Patna High Court CR. MISC. No.17912 of 2023(2) dt.12-05-2023 2/2 petitioner with her own sweet will thereafter they solemnized marriage in a temple on 23.03.2022. It is further submitted that the victim girl is major and aged about 19 years. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Morkahi P.S. Case No. 22 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Clas, Khagaria.

(Sunil Kumar Panwar, J) manishkumar/- U T